TR-2015-34b DEPARTMENT OF COMMUNITY DEVELOPMENT
CI`IY HALL
70300 TORPE AVENUE • CUPERT'INO,CA 95014-3255
C U P E RT 1 hl O (�08)777-3308 • F�X(408)777-3333 •planningc��cupertino.org
August 26, 2015
Sudhir Sharma
7510 Rainbow Drive
Cupertino, CA 95014
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER—Application TR-2015-34
T`his letter confirms the decision of the Director of Community Development, given on August 26, 2015
approving a Tree Removal Permit to allow the removal and replacement of a 32" diameter Date Palm
tree located in the front yard of a single family residence, located at 7510 Rainbow Drive.
The tree is not a specimen tree and only served as the required front yard tree for the development of
the second-story addition to the existing home (R-2004-38). Staff has made the finding that the location
of the tree restricts the economic enjoyment of the property by severely limiting the use of property in a
manner not typically experienced by owners of similarly zoned and situated property, and the
applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable
alternatives to preserve the tree. This finding is necessary to grant the tree removal permit in
accordance with Section 14.18.180 (A)(2) of the Protected Trees Ordinance.
The application is approved with the following conditions:
1. APPROVED PROTECT
This approval is based on the justification letter provided by the homeowner, dated Received July
25, 2015, consisting of one page and a removal and replacement site plan, except as may be
amended by conditions in this resolution.
2. TREE REPLACEMENT
The required replacement tree is one (1) 24-inch box tree to be planted in the front yard of the
subject property to serve as the required front yard tree for a two-story home. If it is determined
that it is physically not feasible to plant the required replacement tree the applicant may pay in-lieu
fees determined to be appropriate by the Community Development Director. The applicant shall
provide the Department of Community Development adequate documentation, including but not
limited to photographs, receipts or invoices, to verify that the replacement trees have been planted.
3. PROTECTED TREE
The applicant understands that replacement trees may not be removed without a Tree Removal
Permit and that they shall be responsible for ensuring the proper maintenance and care of the tree.
The applicant shall also disclose the location and species of all replacements trees on site upon sale
of the property.
4. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such
fees, and a description of the dedications, reservations, and other exactions. You are hereby notified
that the 90-day approval period in which you may protest these fees, dedications, reservations, and
other exaction, pursuant to Government Code Section 66020(a), has begun. If you fail to file a
protest within this 90-day period complying with all of the requirements of Section 66020, you will
be legally barred from later challenging such exactions.
Please note that an appeal of this decision may be made within 14 calendar days from the date of
this letter. Do NOT REMOVE THE TREE(S) until the end of the appeal period. If an appeal is
filed, you will be notified of a public hearing, which will be scheduled before the Planning
Commission.
Sincerely,
r ��
Ellen Yau
Assistant Planner
(408) 777-1360
elleny@cupertino.org
Enclosure: site plan
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TRFE REIVInVQL. �ERRIlIT A.PPI_IC4TION - I!I�TIFIC.ATInN STATEMENT
Explanatian of why the tree should be removed:
The Date Palm Tree in the front yard at the residence at 7510 Rainbow Drive has
attracted many rodents over the years. These rodents nest in the tree. On
occasion, we have noticed dead rats at the base of the tree. It is quite clear these
rats have nested in the tree, eventually died, and fell to the base of the tree. If the
garage door is left open for an extended period of time in the evening, or early
mornings, the rats enter the garage. We have had 3 rats enter the garage when
the garage door was left open for a mere 5-10 minutes in the evening after
parking the car. The root cause for all this is the Date Palm Tree. There is also rat
feces all alon� the base of the structure of the home, alon� the outside walls. The
tree is not just a nuisance for us living at 7510 Rainbow Drive, it is also a nuisance
for the neighborhood due the rodent problem the tree has been causing.
We also had the tree inspected by Palm Tree specialists, and they found pink rot.
So the tree is clearly rotting as well. I am attaching pictures of the tree which
clearly shows the tree is rotting from about 4-5 feet above the base of the tree all
the way to the top of the tree.
As you come close to the tree, there is a distinctive smell of dead rodents. We
know this smell very well as there was a dead rodent, likely a rat, within the walls
of our home years ago. That smell lasted months and we could not do anything
about it. The dead r�dent also attractec� Pn�rm�us flieS within the h�me_ WP
want to be able to prevent that from happening again. We have a toddler and are
very nervous about her safety from disease spreading rodents.
The attached pictures also show holes in the dirt within close proximity of the
tree. I am not sure what has made these holes, and what kind of animal is nesting
there.
In a nutshell, we want to make our home and surrounding neighborhood safe for
our children. We should not have to fear about letting our�l��l�i��� �
,�rard due to rat e�ats. 1�
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